Bailin

Bailin v. Phoenix

Good Law
102 Cal. App. 117·1929 Cal. App. LEXIS 107·282 P. 421
Court of Appeal of CaliforniaNovember 20, 1929Docket No. 7114.California462 words

Opinion

Lead Opinion

Dooling, J.

—In this action for damages arising out of a collision between a truck and trailer driven by defendant’s servant and an automobile driven by plaintiff, the trial court, sitting without a jury, found that the negligence of both parties proximately contributed to the collision. Prom the judgment for defendants entered upon these findings plaintiff appeals.

Appellant makes only one point on appeal, the insufficiency of the evidence to support the finding that he was guilty of contributory negligence proximately contributing to the collision.

As respondents point out, appellant has printed in his brief only the most meager excerpts from the testimony, although the record is brought up under the alternative method by typewritten transcript. Out of a transcript of testimony of over one hundred pages appellant has printed testimony occupying less than three pages of his brief. Appellate courts should not be compelled to reiterate that it is the duty of appellants proceeding under this method to print enough of the typewritten record to properly present the questions raised by them to the court on appeal.

However, since respondent has printed in his brief testimony amply supporting the…

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